People v Belcher, Donovan
Motion No: 2015-08841
Slip Opinion No: 2018 NY Slip Op 64157(U)
Decided on February 15, 2018
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M246125

E/afa

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2015-08841

The People, etc., respondent,

v Donovan Belcher, appellant.

(Ind. No. 2446/14)

DECISION & ORDER ON MOTION

Motion by counsel assigned to perfect an appeal from a judgment of the Supreme Court, Queens County, rendered June 11, 2015, in effect, to be relieved of the assignment on the ground that the appellant has abandoned the appeal by failing to respond to communications by assigned counsel. By order to show cause dated December 13, 2017, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant had abandoned the appeal, and assigned counsel's motion was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of assigned counsel's motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,

ORDERED that assigned counsel's motion is granted.

DILLON, J.P., AUSTIN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court